IN RE: ABANDONED MOBILE HOME OF JUSTIN PERKINS & JESSICA CROSS

NOTICE OF HEARING

A hearing on Ship Sevin, LLC’s Verified Complaint to declare as abandoned and uninhabitable the mobile home of Justin Perkins & Jessica Cross located at the Triple L Mobile Home Park, Lot #39, 137 Hillview Terrace in Hinesburg, Vermont has been set for July 3, 2024 at 10:45 a.m. You may participate in the hearing either in person at the Vermont Superior Court, Chittenden Unit, Civil Division located at 175 Main Street in Burlington, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:

App: Cisco Webex Meeting

Website: https://vtcourts.webex.com

Meeting Number: 129 647 6521

Password: CIVIL2

If you do not have a computer or sufficient bandwidth, you may call (802) 636-1108 to appear by phone. (This is not a tollfree number). When prompted enter the meeting ID number listed above, followed by the pound symbol (#). You will be prompted to enter your attendee number (which you do not have). Instead, press pound (#). If you have technical difficulties, call the Court at (802) 863-3467.

Date: June 14, 2024 Michael Stobb, Judicial Assistant

VERIFIED COMPLAINT FOR ABANDONMENT

PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)

NOW COMES Ship Sevin, LLC (“Ship Sevin”), by and through its Counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:

1. Ship Sevin, a Vermont limited liability company with a principal place of business in South Burlington, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as the Triple L Mobile Home Park (the “Park”), located in the Town of Hinesburg, Vermont.

2. Justin Perkins (“Perkins”) and Jessica Cross (“Cross”) are the record owners of a certain mobile home described as a 1986 Commodore Nova, bearing Serial #CK11932A (the “Mobile Home”) located at the Triple L Mobile Home Park, Lot #39, 137 Hillview Terrace in Hinesburg, Vermont according to the Town of Hinesburg Land Records. See attached Bill of Sale.

3. Perkins & Cross leased a lot in the Park from Ship Sevin pursuant to a written lease. Perkins & Cross paid Ship Sevin a security deposit of $365.00. See attached Lease.

4. Perkins & Cross’s last known mailing address is 137 Hillview Terrace, Hinesburg, VT 05461.

5. The mobile home has been abandoned and is empty. The last known residents of the mobile home were Perkins & Cross. All of Perkins & Cross’s personal property is believed to have been removed from the mobile home and utility services have been terminated. On April 23, 2024, the Park’s Counsel communicated with Perkins & Cross with respect to their intentions with their mobile home. Ship Sevin received no response. See attached.

6. Perkins & Cross were evicted from the Park for nonpayment of rent on or about February 15, 2024 by the Chittenden County Sheriff’s Department. The mobile home has been vacant since that time. The Court issued a Judgment and Writ of Possession to Ship Sevin on December 21, 2023. See Ship Sevin, LLC v. Perkins, et. al., Vermont Superior Court, Chittenden Civil Unit, Case No. 23-CV-04995. See attached.

7. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:

a. Perkins & Cross are in arrears on obligations to pay property taxes to the Town of Hinesburg, Vermont in the aggregate amount of $1,293.60, plus interest and penalties. See attached copy of Tax Bill and Delinquent Tax Report.

b. Restitution Judgment Order in the amount of $1,424.80, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 693-2-13 Cncr dated September 10, 2013 and recorded in the Hinesburg Land Records in Book 273, Page 267. See attached Judgment.

c. Restitution Judgment Order in the amount of $65.00, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 882-3-14 Cncr dated August 12, 2015 and recorded in the Hinesburg Land Records in Book 273, Page 268. See attached Judgment.

d. Restitution Judgment Order in the amount of $20.00, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 882-3-14 Cncr dated August 12, 2015 and recorded in the Hinesburg Land Records in Book 273, Page 269. See attached Judgment.

e. Restitution Judgment Order in the amount of $150.00, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 776-3-14 Cncr dated August 12, 2015 and recorded in the Hinesburg Land Records in Book 273, Page 270. See attached Judgment.

f. Restitution Judgment Order in the amount of $200.00, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 776-3-14 Cncr dated August 12, 2015 and recorded in the Hinesburg Land Records in Book 273, Page 271. See attached Judgment.

g. Restitution Judgment Order in the amount of $500.00, issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 5354-12-13 Cncr dated August 12, 2015 and recorded in the Hinesburg Land Records in Book 273, Page 272. See attached Judgment.

h. Restitution Judgment Order in the amount of $250.00 issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 884-3-14 Cncr dated April 26, 2016 and recorded in the Hinesburg Land Records in Book 273, Page 273. See attached Judgment.

i. Restitution Judgment Order in the amount of $6,255.76 issued by the Vermont Superior Court, Chittenden Criminal Division in the matter of State of Vermont v. Perkins, Case No. 2867-8-17 Cncr dated March 25, 2019 and recorded in the Hinesburg Land Records in Book 273, Page 274. See attached Judgment.

8. Mobile home storage fees continue to accrue at the rate of $437.00 per month. Rent/ storage fees due Ship Sevin through June, 2024 total $2,896.06. Attorney’s fees and court costs incurred by Ship Sevin currently exceed $2,000.00.

9. Ship Sevin sent written notice by certified mail to the Town of Hinesburg on May 15, 2024 of its intent to commence this action. See attached.

10. The mobile home is uninhabitable. Cynthia Whitham, Property Manager, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.

WHEREFORE, Ship Sevin respectfully requests that the Honorable Court enter an order as follows:

1. Declare that the mobile home has been abandoned;

2. Transfer the mobile home which is unfit for human habitation to the Park owner without a public auction so that it may be removed and disposed of accordingly.

3. Order pursuant to 10 V.S.A. § 6249(j) that the mobile home and any security deposit paid be conveyed to the Park Owner in “as is” condition, and free from all liens and other encumbrances of record.

DATED June 14, 2024.

SHIP SEVIN, LLC

BY: Nadine L. Scibek
Attorney for Ship Sevin

I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the Court.

June 14, 2024 BY: Cynthia Whitham

Duly Authorized Agent for Ship Sevin